Sunday, 29 November 2009
Sexual Harassment
Before I go further about Sexual Harassment, I will briefly define what Sexual Harassment is;
it is basically any unwelcome verbal, visual, physical, non-verbal, psychological conduct that is considered to be sexual in nature than might, on reasonable grounds that can be perceived by the victim as placing a condition of a sexual nature on their employment because of their sex.
You got an experienced towards to this matter? How you solved it?
Well...when we talk about law, unfortunately there are no specifically law in Malaysia deal with Sexual Harassment cases. However, there is one law in existence that comes close in dealing with such issues of sexual harassment in Malaysia and it is the Penal Code, section 509.
it is basically any unwelcome verbal, visual, physical, non-verbal, psychological conduct that is considered to be sexual in nature than might, on reasonable grounds that can be perceived by the victim as placing a condition of a sexual nature on their employment because of their sex.
You got an experienced towards to this matter? How you solved it?
Well...when we talk about law, unfortunately there are no specifically law in Malaysia deal with Sexual Harassment cases. However, there is one law in existence that comes close in dealing with such issues of sexual harassment in Malaysia and it is the Penal Code, section 509.
The Penal Code, section 509 : (sources)
"Whoever, intending to insult the modesty of any women, utters any words, makes any sound or gesture or exhibit any object, intending that such word or sound shall be heard, or such gesture or object shall be seen by such woman, shall be punished with imprisonment for a term which may extend to 5 years or with fine, or with both".
Nevertheless, the Industrial Relations Act 1967, may be amended to provide for action against sexual harassment perpetrators. This amendment is to curb sexual harassment.
In the meantime, the Ministry of Human Resources is using its influence to encourage employers to adopt the Code of Practice against sexual harassment and an internal mechanism to prevent sexual harassment at the workplace. This code was introduced in 1999.
The Code of Practice outlines the statement of purpose, legal definition of harassment, descriptions of behavior that constitutes harassment, how employees should handle harassment, how the company handles complaints, what kind of disciplinary action and name and phone numbers to lodge a complaint.
Majority of businesses in Malaysia DO NOT have any form of policy against sexual harassment.
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08:00
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Transparency?
Are we in Malaysia been aloud to do so? Of course we have it in Malaysia! You can say anything you want in your speech.
Article 10 of the Federal Constitution of Malaysia states about freedom of speech in Malaysia.
Article 10 of the Federal Constitution of Malaysia states about freedom of speech in Malaysia.
(1) Subject to Clauses (2), (3) and (4) -
(a) every citizen has the right to freedom of speech and expression;
(b) all citizens have the right to assemble peaceably and without arms;
(c) all citizens have the right to form associations.
(2) Parliament may by law impose -
(a) on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems
necessary or expedient in the interest of the security of the Federation or any part
thereof, friendly relations with other countries, public order or morality and restrictions
designed to protect the privileges of Parliament or of any Legislative Assembly or to
provide against contempt of court, defamation, or incitement to any offence;
(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems
necessary or expedient in the interest of the security of the Federation or any part
thereof, or public order;
(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems
necessary or expedient in the interest of the security of the Federation or any part
thereof, public order or morality.
(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause
(1) may also be imposed by any law relating to labour or education.
(4) In imposing restrictions in the interest of the security of the Federation or any part
thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the
questioning of any matter, right, status, position, privilege, sovereignty or prerogative
established or protected by the provisions of Part III, article 152, 153 or 181 otherwise
than in relation to the implementation thereof as may be specified in such law.
(a) every citizen has the right to freedom of speech and expression;
(b) all citizens have the right to assemble peaceably and without arms;
(c) all citizens have the right to form associations.
(2) Parliament may by law impose -
(a) on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems
necessary or expedient in the interest of the security of the Federation or any part
thereof, friendly relations with other countries, public order or morality and restrictions
designed to protect the privileges of Parliament or of any Legislative Assembly or to
provide against contempt of court, defamation, or incitement to any offence;
(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems
necessary or expedient in the interest of the security of the Federation or any part
thereof, or public order;
(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems
necessary or expedient in the interest of the security of the Federation or any part
thereof, public order or morality.
(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause
(1) may also be imposed by any law relating to labour or education.
(4) In imposing restrictions in the interest of the security of the Federation or any part
thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the
questioning of any matter, right, status, position, privilege, sovereignty or prerogative
established or protected by the provisions of Part III, article 152, 153 or 181 otherwise
than in relation to the implementation thereof as may be specified in such law.
Even though we live in democrats country, but we still need to follow the Law to avoid any unanticipated matters. <articles>
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06:41
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06:41
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Sunday, 15 November 2009
What means by Commercial Law?
The beginning antitrust law came from The Sherman Antitrust Law Act(1890) and The Clayton Antitrust Act(1914). Now,modern law Commercial Law or at United State called it Antitrust Law created by State and Federal Laws to prevent monopolies.
3 Elements stated in Antitrust Law:
- prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels (is an agreement among competing firms).
- banning abusive behavior by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing (selling P/S at low price and intending to competitors out of the market), price gouging (seller pricing much higher than is considered reasonable @ fair), refusal to deal, and many others.
- supervising the mergers & acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licenses or access to facilities to enable other businesses to continue competing.
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Wednesday, 11 November 2009
Legal system in Malaysia
The legal system in Malaysia is based on a set of written and unwritten laws.
Among the written are: the Federal Constitution together with the
constitutions of the 13 states comprising the Federation, legislations
enacted by the Parliament and State Assemblies, and delegated or
subsidiary legislation made by bodies under powers conferred on them by
Acts of Parliament or State Assemblies. The unwritten laws are comprised
of the principles of English Common law adapted to local circumstances,
case law and local customary law; Muslim law is also an important source
of law applicable only to the Muslim population and administered by a
separate system of courts.
Want to read more, just click >>>>>
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23:03
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Monday, 9 November 2009
Law?
Law is an understood as being a general rule of conduct. Its also defined as the body of enacted or customary rules recognized by a community as binding (Oxford)
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18:10
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18:10
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